Opinion
No. 18-5227
09-05-2019
UNITED STATES OF AMERICA, Plaintiff-Appellant, v. KEVIN GERDING, Defendant-Appellee.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 19a0468n.06 ORDER Before: MERRITT, DAUGHTREY, and GRIFFIN, Circuit Judges.
The United States filed this appeal challenging defendant Kevin Gerding's sentence. In light of United States v. Stitt, 139 S. Ct. 399 (Dec. 10, 2018), and United States v. Quarles, 139 S. Ct. 1872 (June 10, 2019), as well as intervening cases from our court, we vacate defendant's sentence and remand this case to the district court for resentencing. Defendant's motion for a continuance of oral argument is denied as moot.
ENTERED BY ORDER OF THE COURT
/s/_________
Deborah L. Hunt, Clerk